What happens to a living trust after death?
After you die, your living trust will be taken over by your successor trustee, who will manage the trust according to the terms you have laid out. What will the successor trustee do with my living trust? The successor trustee will manage the trust according to the terms laid out in the declaration of trust. […]
Does Your Will Supersede Other Legal Documents?
Nearly everyone needs a last will and testament. As an estate planning attorney, I can say that with confidence. But the will is often a misunderstood document. For example, it is useful in ways that people do not understand, such as designating backup guardians for minor children. Another area of confusion is what happens when […]
Does a will give access to bank accounts?
A will can give access to a bank account unless that account has a joint owner or a pay-on-death beneficiary. If the sole owner of a bank account dies, then the account will pass according to the terms of the owner’s will. This means that the account will have to go through the probate process […]
Does a will need to be signed on every page?
No, a will does not need to be signed on every page to be valid. However, signing or initialing every page of the will is a common practice and can be used to show that you intended for every page to be included in the document. A Florida will must be signed by the testator […]
Can the provisions of a disability trust be updated?
Yes, the special needs trust can be updated as long as the trust document allows for the trust to be decanted. However, the updated trust must be for the sole benefit of the same beneficiary as the old trust. Updating Your D4A Trust A first-party special needs trust is created for the sole benefit of the […]
Does a special needs trust need to be approved by the SSA?
Yes, your special needs trust must be approved by the Social Security Administration if you receive supplemental security income. Why does my special needs trust have to be approved? Special needs trusts are a way to qualify for government benefits when you have too many assets or too much income. Everything in the trust is […]
Can a notary be a witness to a will in Florida?
Yes, a notary can witness a will in Florida. However, the notary cannot both witness and notarize the same will. Who can witness a will in Florida? Florida allows anyone to be a witness as long as the person is “competent to be a witness.” The statute imposes no age requirements, residency requirements, or job […]
Are a decedent’s ashes part of the probate estate?
No, cremated remains are not part of the probate estate in Florida. In section 497.607 of the Florida Statutes, it is established that cremated remains are not “property” as defined in section 731.201(32) of the Florida statutes. This means that a decedent’s ashes are not “real and personal property or any interest in it and […]
Does a will need to be notarized in Florida?
No, a will is not required to be notarized in Florida. However, it is almost always advisable to include a self-proving affidavit in your will, which does require notarization. This is why most wills are notarized even though the law does not require it. What are the requirements of a will in Florida? A Florida […]
What is the Difference Between a Will and an Estate Plan?
Your last will and testament is one document regarding your death, whereas an estate plan is a collection of documents regarding your death or incapacity. One of the documents included in an estate plan is a last will and testament. An estate plan is a way for you to plan for your own death or […]